ORDER

(Dated: 30 th January, 2023 ) Per : Hon’ble Smt.S.T.Barne, Judicial Member 1] Original complainant has preferred this appeal against the Judgment and Order dated 17/07/2017 in consumer complaint No.107 of 2015 by the Addl.

Thane District Consumer Disputes Redressal Commission, whereby the consumer complaint was dismissed. Respondent No.1 –M/s. Panchsheel Promoters is the Opponent No.1 and Respondent No.2-Balaji Co-Op. Hsg.

Society Ltd. is the Opponent No.2 in the original complaint. Parties are hereinafter referred to as per their status in the original complaint.

2] It is the case of the complainant that he is the Estate Agent and he is buying and selling the flats/shops/plots etc. to the prospective buyer and seller for last 20 yrs for earning livelihood of himself and his family members. He was having good relation with the opponent No.1. Therefore, complainant approached opponent No.1 and offered that he would work for him as booking agent for their residential project known as ‘Panchsheel Vishal Building’ situated at Plot No.34 and 35, sector 5, Airoli, Navi Mumbai. Opponent No.1 has accepted said proposal and then mutually decided that opponent No.1 will pay to him percentage commission on sale of each flat/shop. It is alleged by the complainant that he has sold some flats and shops to the prospective buyers in the project of opponent No.1 against which amount of Rs.4,44,520/- remain unpaid by the opponent No.1. Said commission amount is not disputed by the opponent No.1. It is further alleged that the complainant demanded commission of Rs.4,44,520/- from opponent No.1. That time opponent No.1 gave him offer that he would allot shop No.21 from his project to the complainant for consideration of Rs.5,70,000/-. After adjusting amount of Rs.4,44,520/- balance amount of Rs.1,25,480/- was agreed to be paid by the complainant to the opponent No.1. It is the contention of the complainant that the opponent No.1 accepted said offer and accepted amount of Rs.2,10,000/- from the complainant.

Complainant has borrowed Rs.1,70,000/- from his relative namely Mr.Shekhar Shetty who has made payment by cheque to the builder on the request of the complainant. It is the contention of the complainant that extra amount of Rs.84,520/- paid by him towards stamp-duty. After receiving full and final payment of Rs.5,70,000/- as final consideration and stamp-duty of Rs.84,520/-

complainant followed up with the opponent No.1 for execution of agreement in respect of the shop No.21. However, opponent No.1 failed to execute the agreement to sale and thereby committed deficiency in service towards complainant. It is the contention of the complainant that he has also requested the opponent No.2 to accept his membership. However, opponent No.1 has denied to give him the membership and asked him to produce the copy of the agreement and to get advice from the Advocate. As the opponent No.1 avoided to execute the agreement to sale complainant has filed consumer complaint before the Addl. Thane District Forum.

3] The opponent No.1 on receiving notice of consumer complaint gave appearance before the District Forum and filed written statement. Copy of which is at page C-42 to C-48 of appeal compilation. Opponent No.1 has denied all the adverse allegation in the consumer complaint. It is the contention of the opponent No.1 that he has never sold the shop to the complainant. The present complaint is filed after the period of 16 years which is barred by limitation. The complainant has not mentioned the date on which cause of action arose. It is the contention of the opponent No.1 that he has completed his project in the year 1999. Complainant has suppressed the true facts. It is admitted that the complainant is the estate agent and opponent No.1 is the proprietor of Panchsheel Promoter Builder and Developer and he was constructing the project on plot No. 34 and 35,